Regular Session 2015-2016 House Bill 0323 P.N. 2275

PRIOR PRINTER'S NO. 1341

PRINTER'S NO. 2275

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

323

Session of

2015

INTRODUCED BY GROVE, SAYLOR, BLOOM, PHILLIPS-HILL, ROZZI,

GREINER, PICKETT, LAWRENCE, DIAMOND, RADER, KORTZ AND

A. HARRIS, APRIL 24, 2015

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 30, 2015

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in organization

JURISDICTION of appellate courts, providing for the commerce

division of the Superior Court. COMMERCE COURT PROGRAM; AND,

IN ORGANIZATION AND JURISDICTION OF COURTS OF COMMON PLEAS,

PROVIDING FOR COMMERCE COURTS.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section SECTIONS to read:

Section 541.1. Commerce division.

(a) Establishment.--The commerce division is established in

the Superior Court.

(b) Composition.--The division shall consist of judges

appointed by the President Judge of the Superior Court,

including no more than three senior judges:

of the Superior Court is an administrative unit composed of

those judges of the court responsible for the transaction of

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specified classes of the business of the court.

(d) Jurisdiction.--

(1) The following types of appeals under the

jurisdiction of the Superior Court pursuant to section 742

(relating to appeals from courts of common pleas) shall be

heard by the commerce division:

(i) Actions relating to the internal affairs,

governance, dissolution, liquidation, rights or

obligations between or among owners and liability or

indemnity of managers of corporations, partnerships,

limited partnerships, limited liability partnerships,

professional associations, business trusts, joint

ventures or other business enterprises, including any

actions involving the interpretation of the rights or

obligations under the organic law, articles of

incorporation, by-laws or agreements governing such

enterprises.

(ii) Disputes between or among two or more business

enterprises relating to a transaction, business

relationship or a contract. An appeal under the

jurisdiction of the commerce division pursuant to this

paragraph may include an individual named as a party so

long as the dispute is not prohibited under paragraph

(2).

(2) The following types of appeals shall not be heard by

the commerce division:

(i) Personal injury, survival or wrongful death

matters.

(ii) Individual consumer claims against businesses

or insurers, including products liability and personal

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injury cases.

(iii) Matters involving occupational health or

safety.

(iv) Environmental claims not involved in the sale

or disposition of a business.

(v) Matters of eminent domain.

(vi) Malpractice claims, other than those brought by

business enterprises against attorneys, accountants,

architects or other professionals in connection with the

rendering of professional services to the business

enterprise.

(vii) Employment law cases, except those that the

President Judge deems are commercial in nature.

(viii) Individual residential real estate and

noncommercial landlord-tenant disputes.

(ix) Domestic relations matters, including actions

related to distribution of marital property, custody or

support.

Section 2. Section 542 of Title 42 is amended to read:

§ 542. Powers of Superior Court.

The Superior Court and its divisions shall have all powers

necessary or appropriate in aid of its jurisdiction which are

agreeable to the usages and principles of law.

Section 3. Title 42 is amended by adding a section to read:

§ 728. Appeals from the commerce division of the Superior

Court.

The Supreme Court shall have exclusive jurisdiction of

appeals from orders of the commerce division of the Superior

Court.

Section 4. Section 951 of Title 42 is amended by adding a

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subsection to read:

§ 951. Court Divisions.

* * *

(c.1) Commerce division.--Any court of common pleas may

establish a commerce court division.

* * *

§ 743. COMMERCE COURT PROGRAM.

(A) APPEALS.--THE SUPERIOR COURT MAY ESTABLISH FROM

AVAILABLE FUNDS A COMMERCE COURT PROGRAM THAT SHALL HAVE

SPECIALIZED JURISDICTION. IN A COMMERCE COURT PROGRAM

ESTABLISHED UNDER THIS SECTION, THE SPECIALIZED JURISDICTION OF

APPEALS RELATING TO THE FOLLOWING MATTERS MAY BE VESTED IN THE

PROGRAM:

(1) THE INTERNAL AFFAIRS, GOVERNANCE, DISSOLUTION,

LIQUIDATION, RIGHTS OR OBLIGATIONS BETWEEN OR AMONG OWNERS

AND LIABILITY OR INDEMNITY OF MANAGERS OF BUSINESS

CORPORATIONS, PARTNERSHIPS, LIMITED PARTNERSHIPS, LIMITED

LIABILITY PARTNERSHIPS, PROFESSIONAL ASSOCIATIONS, BUSINESS

TRUSTS, JOINT VENTURES OR OTHER BUSINESS ENTERPRISES,

INCLUDING ANY ACTIONS INVOLVING THE INTERPRETATION OF THE

RIGHTS OR OBLIGATIONS UNDER THE ORGANIC LAW, ARTICLES OF

INCORPORATION, BY-LAWS OR AGREEMENTS GOVERNING THESE

ENTERPRISES.

(2) DISPUTES BETWEEN OR AMONG TWO OR MORE BUSINESS

ENTERPRISES RELATING TO A TRANSACTION, BUSINESS RELATIONSHIP

OR A CONTRACT.

(B) RULES.--THE COURT MAY ADOPT RULES FOR THE ADMINISTRATION

OF THE PROGRAM ESTABLISHED UNDER THIS SECTION. THE RULES MAY NOT

BE INCONSISTENT WITH THIS SECTION OR ANY RULE ESTABLISHED BY THE

SUPREME COURT.

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§ 916.1. COMMERCE COURTS.

(A) ESTABLISHMENT.--THE COURT OF COMMON PLEAS OF A JUDICIAL

DISTRICT MAY ESTABLISH FROM AVAILABLE FUNDS A COMMERCE COURT

THAT SHALL HAVE SPECIALIZED JURISDICTION. IN A COURT OF COMMON

PLEAS THAT HAS ESTABLISHED A COMMERCE COURT UNDER THIS SECTION,

THE EXCLUSIVE JURISDICTION OF CASES RELATING TO THE FOLLOWING

MATTERS MAY BE VESTED IN THE COMMERCE COURT:

(1) THE INTERNAL AFFAIRS, GOVERNANCE, DISSOLUTION,

LIQUIDATION, RIGHTS OR OBLIGATIONS BETWEEN OR AMONG OWNERS

AND LIABILITY OR INDEMNITY OF MANAGERS OF BUSINESS

CORPORATIONS, PARTNERSHIPS, LIMITED PARTNERSHIPS, LIMITED

LIABILITY PARTNERSHIPS, PROFESSIONAL ASSOCIATIONS, BUSINESS

TRUSTS, JOINT VENTURES OR OTHER BUSINESS ENTERPRISES,

INCLUDING ANY ACTIONS INVOLVING THE INTERPRETATION OF THE

RIGHTS OR OBLIGATIONS UNDER THE ORGANIC LAW, ARTICLES OF

INCORPORATION, BY-LAWS OR AGREEMENTS GOVERNING THESE

ENTERPRISES.

(2) DISPUTES BETWEEN OR AMONG TWO OR MORE BUSINESS

ENTERPRISES RELATING TO A TRANSACTION, BUSINESS RELATIONSHIP

OR A CONTRACT.

(B) RULES.--THE COURT MAY ADOPT LOCAL RULES FOR THE

ADMINISTRATION OF COMMERCE COURTS ESTABLISHED UNDER THIS

SECTION. THE LOCAL RULES MAY NOT BE INCONSISTENT WITH THIS

SECTION OR ANY RULE ESTABLISHED BY THE SUPREME COURT.

THAT FUNDS ARE AVAILABLE, THE SUPREME COURT MAY APPOINT A

STATEWIDE COMMERCE COURT COORDINATOR. THE COORDINATOR MAY:

(1) ENCOURAGE AND ASSIST IN THE ESTABLISHMENT OF

COMMERCE COURTS IN EACH JUDICIAL DISTRICT.

(2) DEVELOP MODEL GUIDELINES FOR THE ADMINISTRATION OF

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COMMERCE COURTS AND THEIR RELATED SERVICES.

(3) ESTABLISH PROCEDURES FOR MONITORING COMMERCE COURTS

AND FOR EVALUATING THE EFFECTIVENESS OF COMMERCE COURTS.

(D) ADVISORY COMMITTEE.--THE SUPREME COURT MAY ESTABLISH,

FROM AVAILABLE FUNDS, AN INTERDISCIPLINARY AND INTERBRANCH

ADVISORY COMMITTEE TO ADVISE AND ASSIST THE STATEWIDE COMMERCE

COURTS COORDINATOR IN MONITORING AND ADMINISTRATING COMMERCE

COURTS STATEWIDE.

Section 5 2. This act shall take effect in 60 days.

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